Land Transfer (Ireland) Act 1848
LAND TRANSFER (IRELAND) ACT 1848 | ||
CAP. CII. | ||
An Act to enlarge the Powers of an Act empowering the Commissioners of Her Majesty’s Woods to form a Royal Park in Battersea Fields; to facilitate, the raising of Monies authorized to be raised by the said Commissioners for Metropolitan Improvements; and to regulate and simplify the Mode of keeping the Accounts of the Commissioners of Her Majesty’s Woods. [4th September 1848.] | ||
9 & 10 Vict. c. 88. | ||
9 & 10 Vict. c.89. | ||
Commissioners of Woods, &c. empowered to give Securities for Purchase Money. | ||
‘WHEREAS by an Act passed in the Session of Parliament held in the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act to empower the Commissioners of Her Majesty’s Woods to form a Royal Park in Battersea Fields in the County of Surrey, the said Commissioners, with the Consent of the Lord High Treasurer, or the Commissioners for the Time being for executing the Office of Lord High Treasurer of the United Kingdom, were authorized, out of any Sum or Sums of Money, not exceeding in the whole the Sum of Two hundred thousand Pounds, to be advanced, and lent to them by the Commissioners for issuing Exchequer Bills for Public Works to purchase Lands for a Royal Park in the Parish of Saint Mary, Battersea, in the County of Surrey: And whereas by an Act passed in the same Session of Parliament, intituled An Act to empower the Commissioners for the Issue of Loans for Public Works and Fisheries to make Loans in Money to the Commissioners of Her Majesty’s Woods, in lieu, of Loans heretofore authorized to be made in Exchequer. Bills, the Commissioners for Loans, for Public Works and Fisheries were empowered to make Loans to the Commissioners of Woods in Money, in lieu of Exchequer Bills, and the Provisions in the said first-recited Act contained with respect to Loans in Exchequer Bills, were extended to Loans in Money: And whereas the said Commissioners of Her Majesty’s Woods have proceeded to execute the said first-recited Act, and have contracted to purchase Lands required for the Site of the said intended Park, under the Powers and pursuant to the Directions in the said Act contained; but the Commissioners for the Issue of Loans for Public Works and Fisheries have not at present Funds at their Command whereout they can advance sufficient Monies to enable the said Commissioners of Her Majesty’s Woods to complete such Purchases, and much Inconvenience to the Public and Injury to Individuals may be occasioned if the Completion of the said Purchases and the Formation of the said Park be suspended.’ In remedy whereof may it please Your Majesty that it may be enacted; and be it enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in every Case where the Value of any Lands, Tenements, or Hereditaments, or of any subsisting Leases, Terms, Shares, Estates, or Interests therein, or Charges thereon, which have been or shall be agreed to be purchased by the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, (herein-after designated as the Commissioners of Her Majesty’s Woods,) under the Powers or for the Purposes of the said first-recited Act, or the Price or Consideration to be paid for the same has been or shall be agreed upon or ascertained, and such Price or Consideration shall remain unpaid, and the Person or Persons entitled thereto shall be willing to receive Security on the Land Revenues of the Crown for such Price Or Consideration, in lieu of immediate Payment of the same, it shall and may be lawful for the said Commissioners, by and with the Consent and Approbation of the Lord High Treasurer, or of the Commissioners for the Time being for executing the Office of Lord High Treasurer of the United Kingdom, or any Three or more of them, upon such Conveyances of the Premises as the said Commissioners of Her Majesty’s Woods for the Time being shall require being executed, and delivered to the said Commissioners, to make out and deliver to the Person or Persons to whom such Price or Consideration shall be due, or to their respective Trustees or Trustee, a Certificate under their Hands and Seals, or under the Hands and Seals of any Two of them, in the Form or to the Effect following: (that is to say,) | ||
Form of Certificate to be granted of such Security. | ||
Certificates to be enrolled in the Office of Land Revenue Records and Enrolments. | ||
‘IN pursuance of a Warrant from the Lord High Treasurer [or from the Commissioners of Her Majesty’s Treasury, as the Case may be], we, A. and B., Two of the Commissioners for executing an Act passed in the Ninth and Tenth Years of the Reign of Queen Victoria, intituled “An Act” [There insert the Title of the first-recited Act], in exercise of the Powers vested in us by the said Act, and by another Act passed in the Eleventh and Twelfth Years of the Reign of Queen Victoria [here insert the Title of this Act], do certify, That the Sum of Pounds, being the Consideration agreed to be paid to C.D. [insert the Name or Description of the Person or Persons entitled thereto] for the Purchase of his [her or their] Interest [or Interests] in certain Lands, Tenements, or Hereditaments [state the Nature and Description of the Premises sold], which has [or have] been purchased by the said Commissioners for the Purposes of the said first-recited Act, remains due and unpaid to the said C.D., and that the said Sum of Pounds, being such Purchase Money as aforesaid, is to, and shall immediately from the Date hereof, by virtue of the said last-recited Act of the Eleventh and Twelfth Years of Her Majesty’s Reign, become and be a Charge on [the whole, or any particular Portion, to be therein described,] of the Land Revenues of the Crown (other than Royal Parks and Palaces, and the Possessions and Land Revenues of the Crown in the County of Middlesex and City of London respectively), and such Revenues, other than as aforesaid, shall (save and except so far as the same are liable for any existing Loans advanced on the Credit thereof, or Charges thereon,) henceforth be subject and liable to the Payment to the said C.D., his Executors, Administrators, or Assigns, of the said Principal Sum so due to him [or them], on the Day of [insert the Time or Times of Payment agreed upon], and to the Payment of Interest for the same, or for so much of the said Principal Sum as shall from Time to Time remain unpaid, after the Rate of Five Pounds per Centum per Annum [or lower Rate, as the Case may be], such Interest to be computed from the Date hereof, and to be paid, without any Deduction (save the Income or Property Tax, if any, for the Time being), by half-yearly Payments, until the whole of the said Principal Sum, and Interest thereon, shall be fully paid and discharged. Given under our Hands and Seals, this Day of One thousand eight hundred and.’ And every such Certificate shall be witnessed by One of the Secretaries (if any) or Clerks of the said Commissioners of Her Majesty’s Woods, and shall be enrolled in the Office of Land Revenue Records and Enrolments, and a Minute or Extract thereof shall be entered and preserved in the Office of the said Commissioners; and every such Certificate, when so given, granted, and enrolled, shall be and is hereby declared to be conclusive Evidence of the Purchase Money remaining due to the Person or Persons receiving such Certificate: Provided always, that the aggregate Amount for or in respect of which such Certificates may be granted by the said Commissioners shall not exceed the Sum of Two hundred thousand Pounds. |